Code

CPC 33 The Court, after the case has been heard, shall pronounce judgment, and
on such judgment a decree shall follow.

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Section 33 CPC: Judgment and Decree

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Code

Section 33 – Code of Civil Procedure
The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.

📖 Source: Section 33 CPC – Judgment and Decree (ApniLaw)

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Explanation

Section 33 CPC lays down a fundamental principle of civil procedure:

1. Once a case is fully heard, the Court must pronounce its judgment.
2. Based on this judgment, a decree automatically follows.

Key Points:

• Judgment: The statement by the judge containing the grounds of decision.
• Decree: The formal expression of the adjudication conclusively determining rights of parties (defined in Section 2(2) CPC).
• The decree is drawn from the judgment and is enforceable under execution proceedings (see Section 36 CPC).

Thus, Section 33 establishes the link between hearing → judgment → decree.

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Illustrations

• Example 1: Money Suit
  A plaintiff sues for ₹1,00,000. After hearing, the Court pronounces judgment in his favour. A decree is then prepared granting recovery of ₹1,00,000.
• Example 2: Dismissal of Suit
  If the Court pronounces judgment dismissing the plaintiff’s claim, a decree of dismissal follows.
• Example 3: Partition Suit
  In a family property partition, once judgment declares the respective shares, a preliminary decree follows, later leading to a final decree upon actual division.

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Common Questions and Answers

1. What is the difference between judgment and decree under CPC?

• Judgment: Reasoning of the Court.
• Decree: Formal expression of the decision based on the judgment.

2. Does every judgment result in a decree?

Yes. Section 33 CPC makes it mandatory that a decree shall follow the judgment.

3. Can there be a decree without a judgment?

No. A decree must be based on a judgment. Without a judgment, a decree has no legal basis.

4. What types of decrees can follow a judgment?

• Preliminary decree (e.g., in partition suits)
• Final decree (after complete adjudication)
• Partly preliminary and partly final decree

5. How is a decree executed?

A decree is executed through the procedures provided in Order XXI CPC and Section 36 CPC.

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Conclusion

Section 33 CPC forms the foundation of civil adjudication. It mandates that after hearing, a judgment must be delivered, and a decree must follow. This ensures that every decision of the Court is formalized into an enforceable decree, safeguarding the rights of litigants.

👉 For more details, visit: Section 33 CPC – Judgment and Decree (ApniLaw).